Toronto Star

Officers refused to help, teen says

Tribunal hears city cop’s partner ‘didn’t do anything’ after punch

- WENDY GILLIS CRIME REPORTER

The young man alleging a Toronto officer punched him then drew his gun during a 2011 police stop in Lawrence Heights said he looked to other cops for help during and after the fateful encounter, but no one stepped up.

On the second day of testimony from the main complainan­t at the ongoing disciplina­ry hearing of two Toronto police officers, the young man — 15 at the time of the incident, and whose name is protected by a publicatio­n ban — was cross-examined on his account of the ordeal. Const. Adam Lourenco and Const. Scharnil Pais each stand accused under Ontario’s Police Services Act of unlawfully arresting the main complainan­t, his twin brother and two of their friends, boys all 16 or under at the time. The arrests happened immediatel­y after they left their homes inside a Toronto Community Housing Corp. complex on Nep-

“I could tell by looking at him that he knew this was wrong. That’s why he wasn’t looking.” MAIN COMPLAINAN­T ON CONST. SCHARNIL PAIS AVERTING HIS EYES DURING THE 2011 ALTERCATIO­N

tune Dr. and walked toward an afterschoo­l program called Pathways to Education.

Lourenco faces two other charges of disorderly conduct for allegedly using unreasonab­le force, one for punching the main complainan­t and another for pointing his gun at three of the boys.

The officers have pleaded not guilty to all charges and none of the allegation­s have been proven at the tribunal.

The four teens were criminally charged after the encounter but all charges were later withdrawn. The Star is not identifyin­g any of the teens, now 20 and 21, because of an ongoing publicatio­n ban under the Youth Criminal Justice Act.

The tribunal heard earlier this week that the officers told the group they matched the descriptio­ns of suspects in a recent robbery. When the main complainan­t asked if he was under arrest or free to go — putting to use knowledge he’d recently gained at a seminar on his rights in police encounters — he alleges Lourenco became violent, punching him, knocking him to the ground, then drawing his weapon.

Under cross-examinatio­n Friday by Lourenco’s lawyer, Lawrence Gridin, the young man went into greater detail about events that night and his encounters with other officers.

The witness testified that after Lourenco knocked him to the ground, the officer deliberate­ly cut his own thumb on something sharp on his police belt, showed the young man and said: “Look, you just assaulted a police officer.”

The young man then said he and his friends looked to Pais, who was standing nearby and who he said was deliberate­ly averting his eyes.

“I could tell by looking at him that he knew this was wrong. That’s why he wasn’t looking . . . he didn’t do anything,” the witness said.

The young man then testified that moments later, after Lourenco handcuffed him and violently placed him into the car of another unit called for backup, he tried to explain what happened to the Black officer driving the cruiser.

“He was Black and I was trying to appeal to him . . . (I was saying) ‘I swear to God, I saw him cut his thumb,’ ” the witness said.

The officer was respectful, the witness said, but told him to “forget about the rights stuff,” in reference to defending his constituti­onal right to walk away from police under certain circumstan­ces and asking questions such as “Am I under arrest?”

“He said . . . basically don’t use it. It’s not going to work in real life,” the witness said.

Gridin took the witness through each of his allegation­s in a highly detailed manner, noting that the young man was alleging a significan­t amount of mistreatme­nt by his client, Pais and “a lot of different officers.”

Gridin later said there were several claims made by the young man that “I intend to impeach him on.”

The hearing continues next week. Wendy Gillis can be reached at wgillis@thestar.ca.

 ?? ANDREW FRANCIS WALLACE/TORONTO STAR ?? Const. Adam Lourenco has pleaded not guilty to Police Act charges of unlawfully arresting four teens and disorderly conduct.
ANDREW FRANCIS WALLACE/TORONTO STAR Const. Adam Lourenco has pleaded not guilty to Police Act charges of unlawfully arresting four teens and disorderly conduct.

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